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<br />WHEN REC~DED MA L TO
<br />Five Points Bank
<br />West Branch ~0 ~'Cx /..5~1 ~~
<br />2009 N. Diers Ave.
<br />Grand Island N.E 6880 ~- , ,,,,_ _,.,,,, FOR RECn,RDER'S USE ONLY
<br /> FIVE POINTS BANK
<br />
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 23, 2009, among LISA C CALLAHAN f/k/a LISA C NELSON AND
<br />RICHARD D CALLAHAN JR, WIFE AND HUSBAND and GORDON A NELSON AND SUSAN E NELSON,
<br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave.,
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"-.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating$ to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the '"Real Property") IOCated in HALL
<br />County, State of Nebraska:
<br />The West Fifty-two (52) feet of Lot Two (2) and the East Thirty-eight 1381 feet of Lot Three 131, in Block
<br />Six (6), in Parkhill Second Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2211 W ANNA ST, GRAND ISLAND, NE
<br />68803-5826.
<br />REVOLVING LINE OF GREDIT, This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such advances
<br />may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the
<br />Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit
<br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THlS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SEGURE (A) PAYMENT OF THE INDEBTEDNESS AND IB- PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is ptherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially nr by
<br />exercise of a power of sale. ,
<br />PAYMENT AND PERFORMANCE. Except as ptherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />a
<br />CG
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